J.O.P. v. DHS Settlement Update

NIPNLG, Aug. 29, 2024

"IMPORTANT UPDATE: PROPOSED SETTLEMENT AGREEMENT PRELIMINARILY APPROVED

J.O.P. v. DHS, No. 19-1944, is a certified nationwide class action venued in the U.S. District Court for the District of Maryland challenging a Trump administration policy that limited the ability to seek asylum for certain children who arrived in the country alone. The National Immigration Project, along with Kids In Need of Defense (KIND), Public Counsel, Bet Tzedek Legal Services, and Goodwin Procter represent the plaintiffs in this case, who came to the United States as unaccompanied children (UC) and whose asylum applications would have been rejected by U.S. Citizenship and Immigration Services under the Trump administration policy. The lawsuit alleges that the challenged policy violates the 5th Amendment, the Administrative Procedure Act, and the 2008 Trafficking Victims Protection Reauthorization Act. The court certified a nationwide class and entered an expanded preliminary injunction in December 2020. 

On August 22, 2024, the court preliminarily approved a proposed settlement agreement reached by the parties in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.). The agreement will not take effect until it is given final approval by the court following a fairness hearing, which will take place on November 25, 2024. You can read the class notice in English here. Puede ver el aviso de demanda colectiva en español aquí. 

It is crucial that practitioners working with asylum seekers watch for updates in this case. Once the court approves the settlement there will be an 89-day deadline by which people with UC determinations who no longer meet the UC definition must file asylum applications with USCIS in order to become class members and lock in the benefits of the settlement agreement. You can monitor this page for updates."